airport access rules aren't a necessary tool for carriers that already hold a lease and use their gates. Airport access rules have been the point of discussion for years and they don't negate leases that carriers do have AS LONG AS those carriers are fully using their gates. But WN's strategy was to either sit on the gates they held with the intention of loading up those gates later and acquire additional gates and then fill them up after they were acquired.
The DOT rules specifically state that airports where non-leaseholding carriers want to expand must accommodate those carriers unless all gates are being fully utilized. DOT didn't even address the issue of antitrust law but indicated it could be a problem because of the extraordinarily high percentage of gates that WN occupies at DAL and its approval to acquire additional gates even while shutting out other carriers.
On both counts, WN would have lost the ability to push DL out but the first is all that had to be proven.
If a judge knew that DL was wrong and WN was right, he would not have allowed DL to stay even temporarily and also affirm DL's right to add flights even during the interim period.
The only beating is coming from those who think they can corner me to fail to admit that I was wrong all along about the whole DAL access issue despite literally hundreds of pages from people who have tried every which way to Sunday to argue that DL would be kicked out, could take its planes elsewhere including DFW, and WN should or would be free to add as many flights as it wants to fill up 18 of 20 gates at DAL.
The better part of valor, esp. from those who are preoccupied with how much I post on here - would be to walk away from the topic, wait for a final ruling that will almost certainly affirm that DL has the right to operate not only its 5 flights but also its expanded schedule, and see what protections WN is required to offer DL to ensure that both airlines can operate a reliable schedule from DAL given the high gate utilization that DAL will see. and of course we will also see how long it takes for VX to reduce its own schedule.
or we can keep beating a subject that some have tried to keep alive for 18 months thinking they knew more than the DOT and someone who has studied and worked in such areas... but people on here weren't about to admit that....
The answer to thread title is, "NO, DL is not out of DAL, but a whole lot of people here can't admit they were wrong and their personal war of vengeance to try to prove me wrong has failed. Again."
Focus on the topic and leave personal issues to the side and the board might actually be a place for the exchange of ideas than a place to beat people up.